Sacramento Municipal Code Art. IV Administrative Procedures

The city manager or designee shall administer the provisions of this chapter. (Ord. 2023-0007 § 5; Ord. 2002-004 § 9, 2002; prior code § 66.04.401)

Notwithstanding any provision of this chapter, the zoning administrator may grant special condition permits for a period not exceeding three days when the general purpose and intent of this chapter can be carried out by the granting of the special condition permit, provided, however, that no permit shall be issued for any activity which violates a provision of Section 8.68.080(E) of this chapter. Said special condition permits may be renewed for periods not exceeding three days at the discretion of the zoning administrator. (Prior code § 66.04.404)

A. The owner or operator of a noise source that violates any of the provisions of this chapter may file an application for a variance from the provisions of this chapter. The application shall set forth all actions taken to comply with this chapter, the reasons why immediate compliance cannot be achieved, a proposed method for achieving compliance, and a proposed time schedule for its accomplishment. If the applicant determines that compliance cannot be feasibly achieved at all, the application shall also set forth the reasons for such determination, the actions that have been taken to comply with this chapter, a proposed method for complying as nearly as is feasible, and a proposed time schedule for its accomplishment. The application shall be accompanied by a fee in the amount established by resolution of the city council. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership or several fixed sources on a single property may be combined into one application.

B. Except as provided in subsections C and D of this section, relating to required findings, terms and conditions of granting a variance, and factors to take into consideration, the application for a variance under this section shall be accepted and processed and a decision on the application shall be made in the same manner and subject to the same procedures and requirements as a zoning administrator variance under section 17.808.210 of this code.

C. After the public hearing, the decision-maker may grant a variance if it finds, after full consideration of all of the facts, that strict compliance with the requirements of this chapter will cause practical difficulties, unnecessary hard-ship, or unreasonable expense. A variance may be for a limited period and may be subject to any terms, conditions, and requirements as the decision-maker deems reasonable to achieve maximum compliance with the provisions of this chapter. The terms, conditions and requirements may include, but shall not be limited to, limitations on noise levels and operating hours.

D. Each variance shall set forth the approved method of achieving maximum compliance and a time schedule for its accomplishment. The decision-maker shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area of impingement by the noise, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of equipment and the general public interest and welfare. (Ord. 2013-0021 § 20; Ord. 2009-042 § 1; prior code § 66.04.405)

The decision of the zoning administrator on a variance under this chapter shall be subject to appeal as provided in chapter 17.812. (Ord. 2013-0021 § 21; Ord. 2011-044 § 18; prior code § 66.04.407)

A. Any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.

1. Except as provided in subsection (A)(2), prior to citing or arresting a person for violating the provisions of this chapter, the city manager or designee shall issue a written notice to the person. The notice must include each provision of this chapter alleged to have been violated; the facts alleged to constitute a violation; the dBA readings noted and the time and place of those readings (if applicable); and an order that corrective action be taken immediately or within a specified time period. If the person does not take the corrective action required by the notice, the person is guilty of a misdemeanor.

2. Prior to citing or arresting a person for violating sections 8.68.100, 8.68.140, or 8.68.200, the city manager or designee shall provide to the person an oral notice to cease the unlawful noise. If the person does not cease the unlawful noise as required by the oral notice, the person is guilty of a misdemeanor.

3. Notwithstanding any contrary provision of this code, a person commits a separate violation of section 8.68.060 for each 15-minute period in which the violation occurs, and the administrative penalty for each violation is $1,000.

B. Violations of this chapter are hereby declared to be a public nuisance.

C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.

D. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter. (Ord. 2023-0007 § 8; Ord. 2005-083 § 1; Ord. 2002-004 § 10; prior code § 66.04.408)